Wednesday, November 23, 2011

New York State Burglar Executed

No charges will be filed in the fatal shooting of a western New York man who officials believe was burglarizing a fire-damaged home.

Get that? In New York, the place gun-rights fanatics continually claim has such strict gun laws that practically nobody has a gun legally and even if they did, they couldn't use it to protect themselves or their property, this poor schlep of a burglar got a summary execution for a break-in.

And no charges are being filed. I guess that makes liars out of all our friends who keep using the word "draconian."

14 comments:

I'm glad that you were able to pull so much out of the news article that you cite. To me, the article left out far too much detail to draw any conclusions. I do note that the shooter had to face a grand jury, something that might not have happened in a Castle Doctrine state.

"§ 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary. 1. Any person may use physical force upon another person when he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of a crime involving damage to premises. Such person may use any degree of physical force, other than deadly physical force, which he or she reasonably believes to be necessary for such purpose, and may use deadly physical force if he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of arson."

Is from the NY Castle Law.

It does not appear that just stopping a burglary allows for use of deadly force. I'll see if I can find out what the circumstances were.

Anonymous said...Depends on totality of circumstances. Every situation is different.

November 24, 2011 7:53 PM

Read the statute, the statute is clear. Circumstances that allow for deadly force in a dwelling place are limited to protecting human life and preventing arson. Theft doesn't fall under those two categories.